Rule 5.2.Notice in Proceeding Relating to Child in Foster Care.
Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 5.2 requires written notice to foster parents, pre-adoptive parents and relative caregivers before any proceeding about a child in foster care, on 24 or 48 hours depending on the hearing.
Full Text of Rule 5.2
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In any judicial proceeding held with respect to a child in foster care or pursuant to Chapter 587A of the Hawaiʻi Revised Statutes, the foster parents, pre-adoptive parents, and/or relative caregivers of the child, or their attorney, shall be duly notified in writing of the proceeding. The petitioning party shall bear the burden of preparing and serving notice. Notice shall include the name of the court and names of the parties, as well as the date, time, location, and nature of the proceeding. Unless otherwise ordered by the court, notice shall be conventionally served (pursuant to Rule 1 of the Hawaiʻi Electronic Filing and Service Rules and Rules 4 and 5 of these Rules) at least 24 hours before a hearing for temporary foster custody and 48 hours before any other scheduled proceeding, subject to a shortening of time when a proceeding is set within a shorter time frame. If notice is not conventionally served (pursuant to Rule 1 of the Hawaiʻi Electronic Filing and Service Rules and Rules 4 and 5 of these Rules), no proceeding shall be held except as ordered by the court upon good cause shown. Failure to provide conventional notice as required herein may result in sanctions pursuant to Rule 89(b) of these Rules.
End
Amendment History
(Renumbered March 30, 2022, effective April 25, 2022.)
Plain-English Summary
People who are caring for a child but are not parties still have to be told what is happening. In any judicial proceeding about a child in foster care, or held under the Child Protective Act, the foster parents, pre-adoptive parents and relative caregivers, or their attorney, must be notified in writing. The petitioning party carries the burden of preparing and serving that notice.
The notice must name the court and the parties and give the date, time, location and nature of the proceeding. Timing depends on the hearing: at least 24 hours before a hearing for temporary foster custody, and 48 hours before any other scheduled proceeding, subject to shortening where the proceeding itself is set inside that window. Service must be conventional, not electronic.
The consequence is unusually firm. If conventional notice is not served, no proceeding shall be held except as the court orders on good cause shown, and failure to give the notice may draw sanctions under Rule 89(b). The hearing does not go ahead on an apology.
Frequently Asked Questions
Who must be notified before a Hawaii foster care hearing?
The foster parents, pre-adoptive parents and relative caregivers of the child, or their attorney.
How much notice is required?
At least 24 hours before a hearing for temporary foster custody and 48 hours before any other scheduled proceeding, subject to shortening when the proceeding is set within a shorter time frame.
Who is responsible for giving the notice?
The petitioning party, who bears the burden of preparing and serving it.
Can the notice be served electronically?
No. The rule requires conventional service unless the court orders otherwise.
What happens if notice is not given?
No proceeding shall be held except as the court orders on good cause shown, and the failure may result in sanctions under Rule 89(b).
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 5.2). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
Also known as:foster parent notice hawaii family courthawaii chapter 587a notice requirementrelative caregiver notice hawaiihawaii family court rule 5.2notice before foster custody hearing hawaii